Arrest Of Persons
One of the most basic abilities used by law enforcement organizations across the world is their power to make an arrest. The basis for arrests in India is established by the 1973 Code of Criminal Procedure (CrPC), which makes sure that the procedure strikes a balance between upholding the law and safeguarding individual rights. This article explores the laws and processes pertaining to arrests of individuals.
What is arrest?
Arrest is an action where a person is taken into custody so that they are charged with a criminal offense. This is done by a legal authority and the person who gets arrested is deprived of his liberty and it compels them to remain under police or judicial authority.
Chapter 5 of Bharatiya Nagarik Suraksha Sanhita,2023 (BNSS) and Code of Criminal Procedures (CrPc) deals with the arrest of persons.
Types of arrest
- Arrest with a warrant: A written order from a magistrate or court serves as the basis for an arrest with a warrant. The name of the individual to be arrested, the crime they are alleged to have committed, and the issuing authority are all specified on the warrant. If the police have the warrant with them, they can execute it and make the arrest at any time or location.
- Arrest without a warrant: In some situations, such as when someone is caught committing a crime or when the police have a good basis to believe that someone has committed a crime, they may make an arrest without a warrant.(Section 35 of BNSS)
The arresting officer is required to notify the accused of the reasons for the arrest in both situations and bring them before a judge or court as quickly as feasible. In addition to the right to legal counsel during the arrest and any ensuing court processes, the person being detained has the right to know the charges against them.
Arrest by Private persons (Section 40 of BNSS)
Even a private individual may make an arrest under specific conditions. A private citizen may arrest someone else if they are a proclaimed criminal or if they commit a non-bailable and cognizable offense in their presence, as stated in Section 40 of the BNSS. Nonetheless, the person who has been apprehended needs to be turned over to the police right away.
Arrest by magistrates (Section 41 of BNSS)
Both judicial and executive magistrates have the authority to make an arrest of someone who is committing an offense in front of them under Section 41 of the BNSS. The magistrate has the option of making the arrest themselves or directing others to do so. When a crime is committed in front of a court, this clause guarantees that justice can be served quickly.
Protection of armed forces (Section 42 of BNSS)
Section 42 of the BNSS provides specific protection for members of the armed forces. Without the Central Government’s prior approval, they cannot be arrested for actions taken while doing their official responsibilities.
How an arrest is made?(Section 43 of BNSS)
Section 43 of the BNSS describes the procedure for making an arrest.The arresting officer may use reasonable force to hold the person if they attempt to flee or resist arrest. The law makes it plain, meanwhile, that such force cannot end in death unless the victim is charged with a crime that carries a death sentence or life in prison. This section prohibits arresting a woman before sunset and sunrise.
There has been a new sub section added under section 43 of BNSS which was not present in CrPC which says that the Police may use handcuffs keeping in mind the view and gravity of the offense.
Rights of the accused person
- Right to be informed of the grounds of arrest
- Right to bail on certain conditions
- Right to get consultation with an advocate
- Right to be produced before magistrate before 24 hours of arrest
Although the law gives police a great deal of power to make arrests in order to uphold law and order, it also imposes protections and checks to deter abuse and defend people’s fundamental rights. The arrest provisions of the BNSS ensure that justice is served while protecting the rights of all people by striking a balance between maintaining the rule of law and guaranteeing efficient law enforcement.
Source:
Written By– Palak Bhuwalka
Edited By– Archana Singh
